Environmental screening
Tree protection on a building plot in Germany
German tree protection bylaws: which trees are protected, felling permits with the building application, replacement or payment, the March–September ban.
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A mature lime tree in the middle of a garden plot looks like an asset in the estate agent's photos. If the plot is in Berlin, Munich or one of hundreds of other German towns with a tree protection bylaw, it is also a legal object: you cannot remove it without a permit, removing it triggers replacement planting or a payment, and for seven months a year you cannot remove it at all.
Buyers from abroad usually meet these rules late, when the architect draws the house over the tree. In February 2023 the Munich Administrative Court ruled on a Scots pine of about 45 cm trunk circumference (judgment of 28 February 2023, M 19 K 22.4395). Munich protects trees from 80 cm. This pine was still a case for the authorities, because it had been planted in 2007 as a replacement for an earlier felling, and its own removal came with a new replacement obligation. The court doubted whether the legal basis was precise enough and required the replacement obligation to be weighed case by case.
The lesson for a buyer: whether a tree is protected depends on its size and on its history, and every felling has a follow-up cost. This guide explains who protects trees on private land in Germany, how the permit fits the building application, what replacement means, which dates matter, and what to check before signing at the notary.
Glossary
| German term | Meaning |
|---|---|
| Baumschutzsatzung / Baumschutzverordnung | Local bylaw or regional ordinance protecting trees above a size |
| Stammumfang | Trunk circumference, measured at a set height (1.30 m or 1 m) |
| Fällgenehmigung / Ausnahmegenehmigung | Felling permit |
| Ersatzpflanzung | Replacement planting imposed with the permit |
| Ausgleichszahlung / Ausgleichsabgabe | Payment instead of replacement planting |
| Bebauungsplan (B-Plan) | Local development plan; can protect individual trees |
| Untere Naturschutzbehörde | Local nature conservation authority |
| Baufenster | Building envelope on the plot set by the plan |
Source: Figures from this guide, documented under “Sources”
Three layers of protection
Local bylaw. There is no federal law protecting garden trees as such. Towns adopt tree protection bylaws; Berlin has a state ordinance; Munich a city ordinance. Many small municipalities have none. Check the municipality's published local law (Ortsrecht).
Development plan. A B-Plan can designate individual trees to be preserved or require new planting, independently of any bylaw.
Federal nature conservation law. Section 39(5) sentence 1 no. 2 of the Federal Nature Conservation Act (BNatSchG) bans cutting trees outside forests, short-rotation plantations and gardened land between 1 March and 30 September. Exceptions in sentence 2 include permitted interventions under section 15; a Brandenburg ministry guidance note stresses that departures are for atypical cases only. Whether a vacant building plot counts as "gardened land" is treated differently by different authorities. On top of that, section 44 protects species: trees with bat roosts or nesting birds cannot simply be felled in winter either.
Berlin: 80 cm now, 70 cm in the draft
According to Berlin's district offices, the Berlin ordinance protects all deciduous trees including walnut and Turkish hazel, and Scots pine, with a trunk circumference from 80 cm measured at 1.30 m (multi-stemmed trees from 50 cm). If the crown starts lower, the circumference directly below the crown counts.
Berlin's Climate Adaptation Act required the Senate to amend the ordinance within six months, a deadline that ran out on 21 May 2026. The draft amending ordinance, with an explanatory memorandum dated 30 April 2026, would protect trees from 70 cm measured at 1 m, yew, hawthorn and holly from 50 cm, and would again favour replacement planting over payment. The memorandum is marked as a draft; we found no promulgation in Berlin's official gazette up to 2 November 2026, and district pages still state 80 cm. Until promulgation the old threshold applies, so ask the district environment office for the current position before you buy.
If a permit is granted, Berlin lets you choose replacement planting, payment, or both, according to Treptow-Köpenick district. Container-grown stock is not accepted as replacement. The payment depends on the tree's assessed value. The administrative fee for the permit is €45–760 according to the Berlin service portal, with replacement or payment on top. On building projects, the same district says plainly that the nature authority must defer to planning law: with building rights, the question is usually how much replacement, not whether you may fell.
Munich: a new ordinance since December 2025
Munich adopted a new tree protection ordinance on 8 December 2025 (council decision 26 November 2025, published 30 December 2025). According to the city's information page it protects trees with a circumference of 80 cm or more measured at 1 m. In Munich the felling permit is examined within the building permit procedure and forms part of the building permit. Replacement planting and payments follow Annex B of the ordinance, a points-based tree valuation; payment is due where replacement under section 7(5) is not possible or reasonable. A 2022 city brochure quoted €750 per tree; what counts now is Annex B of the new ordinance, so ask the authority for the figure for your tree.
Replacement trees stay protected, as the 2007 pine shows. Courts look closely at such conditions. In a judgment of 24 July 2024 (14 B 22.2576) on Nuremberg's ordinance, the Bavarian Administrative Court held unlawful a demand for replacement planting after the city had permitted felling two damaged spruces: the condition must be proportionate, and the permit and the condition must assess the trees' health consistently. The condition can be challenged on its own in court.
A worked example: four trees on 650 m²
An illustrative 650 m² plot with a 14 × 12 m building envelope and four deciduous trees:
| Tree | Circumference at 1.30 m | Position | Protected (Berlin 80 cm) | Protected (draft 70 cm at 1 m) |
|---|---|---|---|---|
| Lime | 160 cm | inside envelope | yes | yes |
| Maple | 95 cm | 2 m from envelope | yes | yes |
| Birch | 74 cm | garden | no | probably yes |
| Cherry | 60 cm | garden | no | no |
Source: Figures from this guide, documented under “Sources”
The lime has to go for the house; with building rights the permit is likely, with replacement. The maple stays but its roots reach into the excavation: expect protective conditions during construction rather than felling. The birch is the borderline case of the new rule.
The ban period is where trees cost the most money. Building permit in mid-April, lime inside the envelope, no exception: felling from 1 October, so construction starts about five months later. With an assumed commitment fee of 0.25% a month on a €400,000 construction loan, that is 5 × €1,000 = €5,000, plus five more months of rent. Replace the assumptions with your bank's terms; the mechanism stays the same. Timing the building application so the permit arrives in winter avoids the gap.
The cost lines to put in your budget
For each protected tree that has to go, there are up to four cost lines:
- Permit fee. In Berlin €45–760 per decision, depending on the case, according to the service portal.
- Replacement planting. The decision sets species, number and quality of trees. Get a quote from a local nursery or landscape gardener for nursery-grown standards, planting and aftercare; it is a better number than any rule of thumb.
- Payment instead of replacement, if there is no space. In Munich it follows the points system in Annex B; Munich's 2022 brochure figure of €750 per tree is out of date. In Berlin it follows the tree's assessed value.
- Delay, if the permit arrives during the ban period: in the example above about five months and €5,000 of commitment fees plus rent.
Add them up per tree and multiply. On a plot with two large trees in the envelope, the total can be a noticeable share of the land price, and it is a fair point to raise with the seller before the notary appointment.
Trees that stay: protection during construction
Not every protected tree is felled. Trees at the edge of the site must survive the build, and damage to roots and trunks is the most common source of later trouble. Munich runs its own reporting point for tree damage during building work. In practice that means a fence around the crown area, no storage of materials and no driving over the root zone, and hand digging near strong roots. The technical rules are in the German standard DIN 18920 (protection of trees, plant stands and vegetation areas during construction). Berlin district offices require the standards and guidelines on tree protection on building sites to be followed where trees protected by the ordinance are affected.
Budget for it: fencing, time, and sometimes an arborist's report. A protected tree that dies after you move in because its roots were cut in the excavation is a new case for the authority, often with a new replacement order.
Neighbours' trees
A protected tree on the neighbouring plot whose crown and roots reach over the boundary can shape your building envelope as much as your own trees. You cannot fell it, and the authority will expect you to protect its roots during excavation. A tree exactly on the boundary belongs to both neighbours in equal shares once felled (section 923(1) of the Civil Code). Either neighbour can demand its removal, and both bear the cost equally (section 923(2)); if the tree is protected, felling still needs a permit. Walk the boundary before you buy, note the neighbours' large trees, and mark them on the site plan your architect uses for the first sketch.
Buying from abroad: who does what
- Architect. In Germany only an architect or engineer entitled to submit building applications can file your plans. Ask them to prepare the tree survey plan (Baumbestandsplan) at the same time as the first site plan, so the house is drawn around the trees that will stay.
- Language. Bylaws, permits and conditions are in German. A condition that reads "drei Hochstämme, Stammumfang 18–20 cm" means three nursery-grown standard trees of that trunk size, planted within the stated period; your architect or a landscape gardener can turn it into a quote.
- Site visits. If you cannot visit often, ask the seller or agent for dated photos of each tree with a tape measure at 1 m and 1.30 m, and of any cavities. They cost nothing and avoid surprises at the permit stage.
- Timing of completion. If you plan to fell under your own permit, align completion with the felling season so the clock does not run from March to September while you own a plot you cannot clear.
- Contract language. Notarial contracts are in German. Ask the notary to explain the tree clauses and to attach any earlier tree decisions.
Comparing two plots
Trees change the comparison between plots that look equal on price per square metre. A plot with a protected tree in the envelope carries a replacement cost, a possible delay and a design constraint; a cleared plot next door may have had its trees removed under an earlier permit with replacement conditions still open. Put both on the same sheet: price, expected replacement or payment, months of delay if the permit lands in spring, and any preservation order in the B-Plan. The cheaper plot is not always the one with the lower asking price.
Before you buy: what to check
- Is there a bylaw? Search the municipality's local law for "Baumschutz". Note the threshold, measuring height, excluded species and replacement rules.
- The B-Plan. On the municipal or state geoportal: symbols for trees to be preserved, planting requirements, and text rules that often require a minimum number of trees per plot.
- Ask the authority in writing. Berlin: the district environment office; Bavaria: the lower nature conservation authority, in Munich the tree protection unit of the building department. Send a site plan and photos and ask whether trees are protected and whether earlier conditions exist.
- Measure. Tape measure at the right height, species, distance to the planned envelope. Photograph cavities and nests; they decide species protection and the earliest felling date.
- Seller's documents. Earlier felling permits, replacement orders, the building file with the landscape plan.
- Contract. Ask the notary to include the seller's statement that no trees were felled without a permit and no replacement conditions are open, with copies of earlier decisions attached.
The development plan and protected areas for the plot are in the GrundCheck report, €29 in one language or €39 in English and German, each with source and date; it does not record individual trees. Order the report for this plot → · See a sample report
If the answer is bad
A large protected tree sits in the building envelope. With building rights, felling is usually allowed; price replacement or payment into the purchase and ask the authority before buying what it will require.
The B-Plan designates the tree for preservation. It is part of the plan. An exemption is possible but uncertain; check whether the house can be designed around it.
No room for replacement. Budget for the payment, and ask whether planting elsewhere is accepted.
The seller already felled trees. Ask for the permit. An unpermitted felling can bring a fine and a replacement order. Ask the authority whether any order is open for the plot, and agree in the contract who fulfils it and who pays.
The condition seems excessive. It can be challenged on its own in court; the Munich administrative court required case-by-case weighing, and the Bavarian Administrative Court struck down a replacement demand for two damaged spruces in 2024.
What the GrundCheck report shows
The GrundCheck report shows, for the plot you choose on the map, the development plan or inner/outer area status, protected areas (landscape protection, Natura 2000, biotopes), flood zones and other layers, each with source and date. It does not show individual trees or their circumference. It tells you whether a protected area sits on top of the local tree bylaw and asks for more.
See the development plan and protected areas for this plot in a GrundCheck report, €29 → · See a sample report
This guide is not legal advice.
Sources
- Federal Nature Conservation Act, sections 39(5) and 44, gesetze-im-internet.de, read via search engine, 2.11.2026; Brandenburg ministry guidance on section 39(5), mleuv.brandenburg.de, 2.11.2026.
- Berlin service portal, tree protection permit, service.berlin.de; Treptow-Köpenick district, tree felling and compensation, berlin.de (1); draft amending ordinance and memorandum of 30.4.2026, berlin.de (2), berlin.de (3), 2.11.2026.
- City of Munich, tree protection ordinance of 8.12.2025, stadt.muenchen.de (1); Annex B, lhm.muenchen.swm.de; information page, stadt.muenchen.de (2), 2.11.2026.
- VG München, judgment of 28.2.2023, M 19 K 22.4395, gesetze-bayern.de (1); VGH München, judgment of 24.7.2024, 14 B 22.2576, gesetze-bayern.de (2), 2.11.2026.
- Berlin Senate, comparison of current and draft tree protection ordinance, berlin.de, 2.11.2026.
- Bavarian Administrative Court, judgment of 24.7.2024 – 14 B 22.2576, gesetze-bayern.de; Bavarian State Attorney's Office, headnotes 10.9.2024, landesanwaltschaft.bayern.de, 2.11.2026.
- Berlin Tempelhof-Schöneberg district office, tree protection during building work, berlin.de, 2.11.2026.
- German Civil Code, section 923 (boundary trees), lexetius.com, 2.11.2026.